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TRANSCRIPT
Portfolio Standards
and the Promotion of
Combined Heat And Power
U.S. Environmental Protection Agency
Combined Heat and Power Partnership
March 2016
FINAL REPORT
Portfolio Standards and the Promotion of Combined Heat and Power ii
Table of Contents
Section 1. Introduction ............................................................................................................................... 1
1.1 Background ....................................................................................................................................................................... 1
Section 2. CHP Design Features and Key Policy Considerations ..................................................... 4
Section 3. National Overview and State Examples.............................................................................. 7
3.1 States with RPS, CES, and APS Requirements for CHP ............................................................................... 7
3.2 States with EERS Requirements............................................................................................................................. 8
3.3 State Examples ................................................................................................................................................................ 8
3.3.1 Treatment of CHP under the APS ..................................................................................................... 10
3.3.2 Treatment of CHP under the EERS .................................................................................................. 11
3.3.3 Treatment of CHP under the AEPS .................................................................................................. 13
3.3.4 Treatment of CHP under the EERS .................................................................................................. 13
Section 4. CHP’s Eligibility in State Portfolio Standards ................................................................ 15
Section 5. Additional Resources ........................................................................................................... 33
Portfolio Standards and the Promotion of Combined Heat and Power iii
List of Figures
Figure 1: States with RPS, CES, and APS Requirements for CHP ...............................................................................7
Figure 2: States with EERS Programs for CHP ....................................................................................................................8
List of Tables
Table 1. Summary of CHP Eligibility ..................................................................................................................................... 16
Portfolio Standards and the Promotion of Combined Heat and Power 1
Section 1. Introduction
Many states have developed portfolio standards to increase the adoption of renewable energy
generation, energy efficiency, and other clean energy technologies. Portfolio standards require utilities
and retail energy suppliers (mostly electricity and sometimes gas) to procure a certain minimum
quantity of eligible energy (typically from renewable sources and other specified supply-side resources)
or achieve a minimum amount of energy efficiency savings (typically from demand-side measures).
Portfolio standards can stimulate market and technology development to help renewable energy and
clean energy sources become economically competitive with conventional forms of electric power. In
this way, portfolio standards can help overcome barriers and create demand for such sources, enabling
states to capture their energy-saving, environmental, and economic benefits.
Combined Heat and Power (CHP), a clean energy technology, is an efficient method of providing electric
power and useful thermal energy (heating or cooling) using a single fuel source. As such, it can replace
or supplement less efficient conventional separate heat and power. CHP provides environmental and
energy benefits due to this higher efficiency and the coincident elimination of transmission losses in
delivering electricity from the power plant to the user. With these benefits, CHP is uniquely qualified to
contribute to a state’s objectives of increasing clean energy mix, both as a supply-side resource and as a
demand-side measure. CHP can help achieve multiple policy goals to address energy and environmental
issues. CHP’s potential to use renewable fuels and decrease environmental impact makes it a candidate
for standards designed to encourage renewable and clean energy resources. CHP’s energy-efficiency
benefits make it a candidate for standards designed to encourage energy-saving measures in a utility’s
portfolio of services.
This paper discusses the different ways CHP is incorporated in portfolio standards. It presents the basic
portfolio standard design approaches (Section II), identifies key CHP- related issues for policymakers to
consider when revising or developing portfolio standards (Section II), and provides state-specific
information on existing standards allowing for CHP (see Sections III and IV). Additional resources are
listed in Section V.
1.1 Background
Portfolio standards have been in place since the late 1990s and early 2000s.1 As of March 2015, some
form of portfolio standards (either an APS, EERS, or RPS) exist in 40 states2 and the District of Columbia.
Most states have portfolio standards to encourage renewable, clean energy resources and energy-
efficiency savings. No two states have the same standards, and some states have several standards. The
1 Some states have emissions performance standards (EPS) for greenhouse gases (GHGs) that establish minimum performance
requirements similar to an energy-efficiency appliance standard. Qualifying facilities and compliance options vary by state. The
standards have output-based limits (in lbs CO2/MWh) and typically apply to electricity-generating plants or the supply portfolio
of a load-serving entity (distribution or wires company). A utility can ensure compliance using various approaches, such as by
balancing its supply portfolio, trading certificates that are created within the power market, and trading project-based
emissions reductions (or carbon offsets) created in other sectors. For more information, refer to RGGI and EPS in Selected
States, RAP Research Brief, August 2010.
2 Some states have established PS, but then later decided to repeal the standards. For example, in February 2015, legislation
was signed repealing West Virginia’s APS.
Portfolio Standards and the Promotion of Combined Heat and Power 2
first few standards were renewable portfolio standards set in place to encourage renewable energy
resources. Several states subsequently added provisions for clean energy or alternative energy sources.3
Restructuring in the electricity market led to an increase in portfolio standards to encourage energy
savings through Energy Efficiency Resource Standards. The three main types of portfolio standards
include:
• Renewable Portfolio Standards (RPS)4 or Clean Energy Standards (CES)4 are portfolio standards
designed to increase the contribution of renewable energy and clean energy to the electric
supply mix. They are focused on typical renewable energy sources such as wind, solar, hydro,
geothermal, and biomass, and on clean energy technologies such as CHP. Some states maintain
a broad RPS definition under which renewably fueled CHP systems qualify. There are states that
maintain a CES in parallel to a RPS, and others that have a combined RPS that includes clean
energy sources such as CHP in addition to renewable through separate tiers or targets for these
sources. Examples of states with RPS include California and Connecticut. With all these
standards, CHP is treated as a supply resource with prescribed targets and CHP users can engage
either in the voluntary or compliance market.
• Energy Efficiency Resource Standards (EERS)5 are designed to meet an energy-savings goal
through energy efficiency. They are intended to encourage more efficient generation and
transmission by electric and gas utilities. They are usually focused on end-use energy savings,
but some include other efficiency measures, such as CHP or other high-efficiency distributed
generation (DG) or distribution system improvements. Examples of states with EERS include
Massachusetts and Minnesota.
• Alternative Energy Portfolio Standards (APS)6 are hybrid standards developed to allow energy
efficiency to qualify within a RPS or a CES, and they do so either through targets for a certain
percentage of a supplier’s capacity (MW ) or generation (MW h) to come from sources such as
CHP, coal with carbon capture and storage, or waste-to-energy projects using municipal solid
waste. Examples of states with APS include Massachusetts, Ohio, and Pennsylvania.
As there is no consistent terminology in place to refer to each type of portfolio standard, this paper
refers to each of the standards by the name assigned by the state.
The standards vary in their structure, administration, size, and eligible applications as well as the types
of eligible energy sources. The structure and administration varies based on the state’s electric and gas
market and whether it is regulated or restructured. Typically, legislation creates the general architecture
of the portfolio standard and delegates implementation authority to the state utility regulator (Public
Utility Commission [PUC] or Public Service Commission [PSC]), which is responsible for detailed
rulemaking; guidelines for implementation; and evaluation, measurement, and verification. In some
3 Refer to Heeter and Bird, Including Alternative Energy Resources in State RPS: Current Design and Implementation Experience,
November 2012.
4 Also referred to as Renewable Energy Standard (RES) or Renewable Resource Standard (RRS)
5 Also referred to as Electricity Reduction Goals (ERG), Energy Optimization Standard (EO), and Energy Portfolio Standard (EPS).
6 Also referred to as Alternative Energy Resource Standard (AERS), Alternative and Renewable Energy Portfolio Standard
(AREPS), Alternative Energy Portfolio Standard (AEPS), Renewable Energy and Energy Efficiency Portfolio Standard (REPS), and
Renewable, Recycled and Conserved Energy Objective.
Portfolio Standards and the Promotion of Combined Heat and Power 3
cases, the PUC or PSC sets the numerical target rather than the state legislature. In some states, the
responsibility for implementing the portfolio standard is shared with the state’s energy department.
Depending on its objectives, a state sets targets as a percentage of retail sales, but some states set
specific energy targets (energy saved [in kWh], energy output [in kWh] or energy capacity [in kW]).
Some targets are set as a portion of expected load growth (e.g., as in Texas) or a percentage reduction in
peak demand for electricity (e.g., as in Colorado). Depending on the type of standard, qualifying projects
demonstrate compliance with energy credits that can be traded in the voluntary or compliance market,
or achieve energy savings that are measured and verified. Portfolio standards policies that have binding
targets can also include compliance requirements, fulfillment of which must be demonstrated
periodically (typically annually).
The approaches used to incorporate resources including CHP into portfolio standards have varied
significantly by state. States have used three primary approaches to include CHP and other resources in
portfolio standards:
1. Include CHP as a generally eligible resource in a state’s portfolio standard. Under this approach,
CHP qualifies as one of several resources in the state’s portfolio standards, and all qualified
resources can meet the compliance target. Typically, all eligible resources are credited at the
same value. Indiana is an example of a state that has enacted this type of standard (voluntary
RPS goals).
2. Establish separate tiers for CHP within an existing portfolio standard. This approach creates
separate targets, or tiers, for CHP, detailing specific targets and defining whether it is treated as
a renewable, clean energy, or an energy efficiency measure. With this approach, the standard
defines a target under which CHP qualifies and can also include hybrid standards where CHP
targets are set in a separate tier based on CHP’s energy savings potentials. For example,
Connecticut has three separate tiers under its RPS. The third tier, known as “Class III,” requires
suppliers to obtain 4 percent of their retail load from customer- sited CHP and certain other
resources.
3. Establish a separate portfolio standard with specific sub targets for CHP. With this approach, a
state establishes a separate portfolio standard with subtargets for CHP (and other resources).
For example, Massachusetts established an APS in 2009 that is separate from the state’s RPS
program but functions in the same general manner. The APS requires 5 percent of the state’s
electric load to be met with “alternative energy” resources by 2020. In 2012, 99.1 percent of the
APS requirement was met by CHP systems.7
7 The Department of Energy’s (DOE’s) Lawrence Berkeley National Laboratory (LBNL) has issued reports reviewing existing
portfolio standards and their values. For example, a 2008 report found that, assuming full compliance, current mandatory RPS
programs will “require the addition of roughly 60 gigawatts (GW) of new renewable capacity by 2025, equivalent to 4.7 percent
of projected 2025 electricity generation in the U.S., and 15 percent of projected electricity demand growth.” Massachusetts’
APS shows the clear increase in CHP, which reflects the state mandate.
Portfolio Standards and the Promotion of Combined Heat and Power 4
Section 2. CHP Design Features and Key Policy Considerations
States have accounted for CHP in portfolio standards based on the overall program objectives, such as
promote more efficient generation, reduce GHG emissions, or encourage supply diversity. CHP-related
design features, therefore, vary among state portfolio standards:
1. Voluntary or Mandatory Standards. States have either mandatory or voluntary portfolio
standards. Mandates have created a clear pathway to increase the use of resources such as
CHP.8 Voluntary goals typically carry nonbinding targets with no penalties for failure to comply.
2. CHP System Attributes in Portfolio Standards. Some standards define CHP system
characteristics, such as specific power-to-heat ratios, cost-effectiveness thresholds, and other
eligibility requirements that systems be installed before or after specific dates. Most standards
define the following CHP attributes:
a. CHP System Type. States have varying definitions concerning CHP eligibility in their portfolio
standards. For example, in some states, all CHP types using a variety of fuels, not just
renewables, qualify as eligible technology, while in other states (e.g., Colorado, Nevada,
North Dakota), waste heat-to-power qualifies as an eligible CHP technology, but typical CHP
does not.
b. Size Limits. Some states have minimum and/or maximum system size limits under their
portfolio standard programs. For example, New York allows only CHP systems of 50 kW or
larger to qualify under its RPS.
c. Efficiency Threshold. Some states have incorporated various CHP efficiency metrics into
their standards. A handful of states have minimum CHP operating efficiency requirements,
such as the minimum level of 50 percent set in the Connecticut RPS. In certain states, more
efficientsystems earn more credit per unit of output (e.g., Connecticut RPS,9 Massachusetts
APS). Massachusetts’ APS provides credit for CHP based on the efficiency of the system
compared to that of grid-supplied electricity and an onsite boiler producing the same
electric and thermal output as the CHP system.
d. Fuel Use. In a number of states, CHP would qualify under a renewable portfolio standard
irrespective of fuel type used. Some portfolio standards, however, only recognize certain
fuel-type CHP systems, such as Arizona’s Renewable Electricity Standard (RES), which allows
only renewably fueled CHP to qualify.10
3. Accounting for CHP’s Benefits in Portfolio Standards. A CHP system’s benefits are accounted
for based on its energy output, energy capacity, or energy savings. Some portfolio standards
encourage eligible resources such as CHP by issuing tradable credits for the energy generated.
These are commonly seen with RPS, where credits can be sold at market prices to utilities or
other entities to demonstrate compliance with the portfolio targets. Typically, one MW h of
eligible generation or energy savings may earn one credit. The value of credits differs based on
8 Massachusetts Department of Energy Resources. “Massachusetts RPS & APS Annual Compliance Report for 2012.” April 22,
2014. http://www.mass.gov/eea/docs/doer/rps-aps/rps-aps-2012-annual-compliance-report-042214.pdf.
9 Where the revenue from the renewable energy credits for qualifying facilities are divided between the customer and the state
Conservation and Load Management Fund, depending on when the Class III systems are installed.
10 It is important to note that Arizona’s EERS may allow fossil-fueled CHP to qualify.
Portfolio Standards and the Promotion of Combined Heat and Power 5
the stringency of the portfolio standard targets, eligibility guidelines, and other factors. Other
portfolio standards encourage eligible resources by providing financial incentives based on
system performance or energy savings and are commonly seen in EERS. Measurement and
verification is a critical component to CHP’s inclusion in a portfolio standard. There are various
ways to account for CHP:
a. Accounting for CHP Electrical and Thermal Output. A CHP system provides electrical and
thermal outputs that may be taken into account in assessing its benefits. Some states
account for only the electric output from CHP systems (typically based on a metered output
[e.g., MW h]) in determining credit for the portfolio standards. Other states account for
both the electrical and thermal output (typically based on measured heat produced [Btu]
converted to MW h or other equivalents).
b. Credit In Comparison to Other Resources. CHP can receive full credit on par with other
resources in the standard (e.g., Michigan, Pennsylvania) or partial credit (e.g.,
Massachusetts APS). States that want to provide a significant incentive for CHP have applied
a credit multiplier (1.5 or 2 credits) for each MW h of eligible CHP generation. If a state goal
is to encourage diverse electricity supply, then that state may credit CHP systems on par
with renewable sources of generation. If the objective is to encourage GHG emission
reductions, then the state may credit the CHP system based on a measure that reflects
actual reductions. How CHP is credited under portfolio standards can be a function of the
overall program objectives.
c. Accounting for CHP’s Efficiency. A CHP system’s efficiency plays a role in portfolio
standards, either in defining a CHP system’s eligibility (for instance, for a performance-based
incentive) or in assessing energy savings (such as in an EERS). Various efficiency metrics exist
for a CHP system that pertain to electricity generation and heat production (the electrical
and thermal output), or an overall operating or system efficiency. The type of efficiency that
is used will depend on the type of portfolio standard.
As these design features demonstrate, policymakers can promote CHP in their portfolio standards
through several different approaches, based on the energy savings and environmental benefits CHP can
provide in producing electricity and thermal energy.
States can benefit from a holistic approach as they develop portfolio standards that support CHP to
ensure that they are taking optimal advantage of CHP’s benefits and to address any conflicting
requirements. As an example, an RPS or an APS can be structured to capture the value of the supply-side
attributes of CHP—the electric and thermal outputs—while an EERS may be designed to recognize the
demand-side benefits of CHP—the energy-efficiency savings (e.g., North Carolina combined RPS/EERS).
Recognizing the variability in state portfolio standards, a state can benefit from consistently attributing
CHP in the portfolio standards by addressing the following key concepts:
1. Define CHP Eligibility Explicitly. Portfolio standards may not sufficiently promote CHP unless
CHP is explicitly identified as an eligible resource (e.g., Massachusetts APS, Connecticut RPS).
Lack of formal recognition of CHP under standards creates uncertainty, which may deter some
projects due to concerns about the timing and cost of the approval process that determines
eligibility. States with specific and distinct tiers and targets for CHP provide well-defined goals to
encourage its use.
Portfolio Standards and the Promotion of Combined Heat and Power 6
2. Define CHP Eligibility Holistically. Currently, there are varying state definitions of CHP eligibility.
Some states allow for waste heat-to-power as an eligible technology within their portfolio
standards, and others only qualify renewably fueled CHP. To secure the energy and
environmental benefits from CHP, it is best to consider all types of CHP systems as eligible
technologies. Assembling the right mix of efficiency requirements, size limits, eligible system
types, start dates, and performance-based incentives for CHP systems will allow a state to
achieve its economic, environmental, and energy supply objectives.
3. Account for CHP’s Benefits Appropriately. As CHP systems vary based on prime mover
technology, fuel, application, and efficiency (total system and electrical),11 their benefits have to
be carefully evaluated so as to provide adequate incentive and safeguards. Important questions
to consider include:
a. How would each of these benefits be accounted for in a portfolio standard? Would they be
accounted for in the same portfolio standard?
b. How would generation and energy savings be measured in the different standards that are
adopted?
c. How can CHP’s electricity and thermal output be effectively credited in an RPS or APS?
d. How can CHP’s savings be effectively accounted for in an EERS? Are there complementary
policies in place, such as public benefit funds, cost- recovery for energy-efficiency measures,
or reducing or eliminating throughput incentives, that will make the EERS more effective?
At this time, the type and the manner in which CHP is integrated varies by state. Different approaches
are in place to account for CHP electrical and thermal outputs as well as to calculate CHP efficiency
savings.
11 www.epa.gov /chp/basic/methods.html.
Portfolio Standards and the Promotion of Combined Heat and Power 7
Section 3. National Overview and State Examples
This section and the more detailed table that follows in Section IV present a national overview on how
CHP is incorporated in state portfolio standards, a range of state examples, selected state case studies,
and state-specific data. A list of additional resources is also provided.
3.1 States with RPS, CES, and APS Requirements for CHP
Currently, 39 states and the District of Columbia have some form of APS or RPS (either voluntary or
mandatory), as shown in Figure 1. Of these states, 20—Arizona, Connecticut, Colorado, Hawaii, Indiana,
Maine, Massachusetts, Michigan, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma,
Pennsylvania, South Carolina, South Dakota, Utah, Vermont andWashington—specifically call out CHP
and/or waste heat-to-power (WHP) as eligible under their RPS or APS program guidelines.
The other 19 states and the District of Columbia do not explicitly mention CHP; however, they may allow
these systems to qualify if they use an eligible fuel. For instance, if biomass is a qualifying fuel under an
RPS, and a CHP system is biomass-fired, then that CHP system would potentially be eligible to receive
credit under the portfolio standard.
Figure 1: States with RPS, CES, and APS Requirements for CHP
Source: ICF International, C2ES, and the DSIRE database, 2015.
Portfolio Standards and the Promotion of Combined Heat and Power 8
3.2 States with EERS Requirements
Figure 2 shows the states with EERS programs and states that include energy-efficiency targets in their
RPS programs (effectively functioning as EERS). Eighteen states—Arizona, Connecticut (administered as
part of RPS),12 Delaware, Hawaii (administered as part of RPS until 2015), Illinois, Maryland,
Massachusetts, Minnesota, Michigan (administered as part of RPS), Nevada (administered as part of
RPS), New York, North Carolina (administered as part of AEPS), North Dakota (administered as part of
RPS), Ohio, Oklahoma (administered as part of RPS), Rhode Island, South Dakota (administered as part
of RPS) and Washington (administered as part of RPS)— specifically call out CHP or WHP as eligible in
some form under their EERS regulations.
Figure 2: States with EERS Programs for CHP
Source: ICF International, C2ES, and the DSIRE database, 2015.
3.3 State Examples
Below are examples of how several states have incorporated CHP into their standards:
Connecticut is an example of an RPS program that includes separate tiers for specific categories of
resources. The state’s RPS was originally promulgated in 1998 and was revised in 2005 and 2007. In
2005, Connecticut added a third tier to the resource requirements, establishing a new RPS Class III which
included CHP, demand response, and electricity savings from conservation and load management
12 Connecticut’s Class III requirement under their RPS is oftentimes referred to by organizations such as DSIRE as an EERS.
However, this efficiency tier is implemented under the RPS structure.
Portfolio Standards and the Promotion of Combined Heat and Power 9
(C&LM) programs. In 2007, the Class III standard was expanded to include waste heat recovery
systems.13
The RPS requires electric suppliers and distribution companies to obtain 1 percent of their generation
from Class III resources beginning in 2007, increasing by 1 percent per year until leveling out at 4
percent in 2010 and thereafter. The Class III targets effectively serve as an EERS. Specific elements of the
Class III standard include:
1. Eligible CHP systems must have been developed on or after January 1, 2006.
2. Eligible systems that recover waste heat or pressure from commercial and industrial processes
must have been installed on or after April 1, 2007.
3. Existing units that have been modified on or after January 1, 2006 may earn certificates only for
the incremental output gains.
4. A CHP system must meet an overall efficiency level of at least 50 percent.
5. The sum of all useful electrical energy output must constitute at least 20 percent of the system’s
total usable energy output.
6. The sum of all thermal energy outputs must also constitute at least 20 percent of the
technology’s usable energy output.
7. Annual fuel-conversion efficiency and percentages of production are assessed quarterly for the
first year after initial certification. Customers that install Class III resources on or after January 1,
2008, are entitled to Class III credits equal to at least 1 cent per kW h. The revenue from these
credits must be divided between the customer and the state C&LM fund based on when the
Class III resources are installed, whether the customer is residential or nonresidential, and
whether the resources received state support or not.14
More information can be found at http://www.ct.gov/pura/cwp/view.asp?a=3354&q=415186.
New York is an example of a state portfolio standard program with a separate tier under which CHP is
eligible (although only certain CHP technologies are eligible).
The New York State PSC adopted an RPS in September 2004 and issued implementation guidelines in
2005. The RPS was originally set at 25 percent of state electricity sales by 2013 but was expanded in
January 2010 to 30 percent by 2015. Two tiers are used to meet the RPS: 1) a main tier, and 2) a
customer-sited tier (CST). The CST was revised when the overall RPS target was increased in 2010, and it
now includes CHP systems of 50 kW or larger.
New York’s RPS is managed differently than most other state programs and works through a central
procurement model. Electric utilities collect a surcharge on electricity sold to consumers. These funds
13 Class III is defined as: “the electricity output from combined heat and power systems with an operating efficiency lev el of no
less than fifty percent that are part of customer-side distributed resources dev eloped at commercial and industrial facilities in
this state on or after January 1, 2006, a waste heat recovery system installed on or after April 1, 2007, that produces electrical
or thermal energy by capturing preexisting waste heat or pressure from industrial or commercial processes, or the electricity
savings created in this state from conservation and load management programs begun on or after January 1, 2006."
14 BGC Environmental Brokerage Services, www.bgcebs.com/Renewables/.
Portfolio Standards and the Promotion of Combined Heat and Power 10
are turned over to the New York State Energy Research and Development Authority (NYSERDA), which
purchases renewable energy credits (RECs) on behalf of all the regulated entities to fulfill the RPS.
In addition, there is a separate pool of funds designated for the CST, with specific funding allocations for
different technologies. Funding for CHP systems will be provided for eligible technologies through a
combination of capacity- and performance-based incentives. Eligible technologies include CHP systems
fueled by anaerobic digestion biogas, systems fueled by renewable biogas (including systems co-fired
with renewable biogas), and fuel cells fueled by any fuel. Incentives can be based on either capacity
(kW) or output (kWh) and are awarded through competitive solicitations.15
More information can be found at
http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={C05CD0D6-8EA5-4CB9-A9FA-
6ADD3AECB739}.
New York’s RPS stopped accepting new customers in 2016, as the state transitions to the Clean Energy
Fund, but many RPS projects are still receiving funding from NYSERDA, and the program has provided
support to a large number of CHP installations in both the main and customer-sited tiers.
Massachusetts has established an APS and an EERS, in addition to the state’s RPS. CHP qualifies under
both the APS and EERS (renewably fueled CHP can qualify under the RPS), and CHP projects are eligible
to pursue credit under both programs. The state- passed Green Communities Act in 2008 called for an
APS that includes CHP and an EERS that sets separate targets for demand-side resources, including
behind-the- meter CHP systems.
3.3.1 Treatment of CHP under the APS
The APS establishes a target of 5 percent of retail electricity suppliers’ sales being from alternative
energy sources by December 31, 2020, and defines an alternative energy source as one that generates
electricity using any of the following: CHP, gasification with capture and permanent sequestration of
carbon dioxide, flywheel energy storage, paper- derived fuel sources, or energy-efficient steam
technology. Under Massachusetts' APS regulations, CHP must have begun operation on or after January
1, 2008. Existing units can receive credit for their added incremental useful thermal energy or useful
electrical energy. Only those additions made on or after January 1, 2008, qualify. A net CO2 emissions
rate of 890 lbs/MW h also applies.16
CHP and other eligible projects can receive one credit, referred to as the “APS Alternative Energy
Certificates” (AEC) for one MWh of electrical energy output or for thermal output using a conversion
factor of 3.412 MMBtus = 1 MW h. The Alternative Energy Certificates (AECs) earned by a CHP unit
represent the energy saved by operating the CHP unit compared to separately operating an on-site
15 State of New York Public Service Commission (PSC). Case 03-E-0188 – Proceeding on Motion of the Commission Regarding
Retail Renewable Portfolio Standard (RPS). Order Authorizing Customer-Sited Tier Program Through 2015 and Resolving
Geographic Balance and Other Issues Pertaining to the RPS Program. April 2, 2010.
http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={30CFE590-E7E1-473B-A648-450A39E80F48}
16 The term “net” refers to the sum of emission increases and decreases. For a generation unit, it includes carbon dioxide
emissions related to combustion, gasification, fuel processing, and sequestration, whether or not such activities occur at the
generation unit or another location; in the case of a CHP unit, it also includes emissions from thermal delivery.
Portfolio Standards and the Promotion of Combined Heat and Power 11
thermal plant while drawing electricity from the grid.17 AECs are granted for eligible CHP units equal to
the result, if positive, of the following calculation:
1. Take the sum of the following two:
a. The electrical energy generated divided by the overall efficiency of electrical energy
delivered to the end-use from the electrical grid (0.33 for this purpose).
b. The useful thermal energy, expressed in MW h, divided by the overall efficiency of thermal
energy delivered to the end-use from a standalone heating unit (0.80 for this purpose).
2. Then, subtract from this sum: The total of all fuel and any other energy consumed by the CHP
unit in that quarter expressed in MW h and calculated using the energy content of the fuel
based on its higher heating value.
Eligible CHP units must provide for the metering of electrical energy generated, useful thermal energy
produced, and fuel consumed, and for calculating the net quantity of MW h for which AECs are
awarded. Further details on this calculation can be accessed at www.mass.gov/eea/energy-utilities-
clean-tech/renewable-energy/rps-aps/rps-and- aps- program-summaries.html.
At the end of 2012, 99.1 percent of the standard was met through CHP systems. The total APS target for
2012 was 1,185,236 MWh.18 Massachusetts AECs were priced at $21.02/MW h in 2012.19
More information can be found at www.mass.gov/eea/energy-utilities-clean-tech/renewable-
energy/rps-aps/rps-and-aps-program-summaries.html.
Legislation passed in August 2012 requires that the state's executive office of energy and environmental
affairs study adding technologies that generate "useful thermal energy" to the list of eligible
technologies under this standard. In 2014 legislation was passed, H. 4385, which now includes “useful
thermal energy” as eligible under the APS. “Useful thermal energy” is defined as “energy in the form of
direct heat, steam, hot water or other thermal form that is used in production and beneficial measures
for heating, cooling, humidity control, process use or other valid thermal end use energy requirements
and for which fuel or electricity would otherwise be consumed.”20
3.3.2 Treatment of CHP under the EERS
Massachusetts also has a program that effectively functions as an EERS, as it has energy savings targets.
This program provides a rebate payment to help meet the energy-efficiency targets and does not
provide a tradable credit system (i.e., it is not market-based). The program stipulates that the state meet
at least 25 percent of electric load by 2020 with demand-side resources, including: “energy efficiency,
17 Department of Energy Resources (DOERS). Massachusetts Renewables and Alternative Energy Portfolio Standards (RPS &
APS) Annual Compliance Report for 2010. January 11, 2012. www.mass.gov/eea/docs/doer/rps/rps-aps-2010-annual-
compliance-rpt-jan11-2012.pdf.
18 Department of Energy Resources (DOERS). Massachusetts Renewables and Alternative Energy Portfolio Standards (RPS &
APS) Annual Compliance Report for 2012. April 22, 2014. http://www.mass.gov/eea/docs/doer/rps-aps/rps-aps-2012-annual-
compliance-report-042214.pdf.
19 Ibid.
20 House Committee on Ways and Means. H. 4385. 2014. https://malegislature.gov/Bills/188/House/H4385/.
Portfolio Standards and the Promotion of Combined Heat and Power 12
load management, demand response, and generation that is located behind a customer’s meter21,
including a combined heat and power system with an annual efficiency of 60 percent or greater, with
the goal of 80 percent annual efficiency for combined heat and power systems by 2020.” The EERS
program, which started as a pilot in 2009, is known as the Mass Save Ratepayer-Funded Energy
Efficiency program. CHP systems can qualify under both the APS and the EERS if they meet all necessary
criteria under both programs.
Under the Mass Save Ratepayer-Funded Energy Efficiency program, CHP systems are eligible for the
following incentives:
• Payments for feasibility studies, procurement, and installation.
• For projects ≤ 150 kW , a payment of $750/kW h capacity, up to a maximum incentive of
$112,000.
• For projects >150 kW , the payment amount is determined by the utility administrator, but it can
be 50 percent of the installed cost for small to medium- sized projects.
• For systems greater than 2 MW , the incentive amount is determined by the funds available.22
To qualify, CHP systems must also have a minimum efficiency of 60 percent, with fuel input expressed
on a higher heating value (HHV) basis, and must also pass a cost- effectiveness screening threshold
established by the Massachusetts Department of Public Utilities (DPU), which results in a benefit to cost
ratio ≥ 1.0.23
North Carolina is an example of a state portfolio standard program with a separate target for energy
efficiency under which CHP is eligible. In August 2007, North Carolina enacted a Renewable Energy and
Energy Efficiency Portfolio Standard (REPS) requiring all investor-owned utilities to supply 12.5 percent
of 2020 retail electricity sales from eligible energy resources by 2021. Municipal utilities and electric
cooperatives must meet a target of 10 percent eligible energy resources by 2018. Up to 25 percent of
the requirements may be met through energy-efficiency measures, including CHP. After 2018, up to 40
percent of the standard may be met through energy efficiency, including CHP.
Under the REPS, no minimum efficiency requirement exists for CHP. Energy from CHP is included to the
extent that the system “uses waste heat to produce electricity or useful, measurable thermal or
mechanical energy for the retail customers’ use and results in less energy used to perform the same
function or provide the same level of service at the retail customer’s facility.” Thermal energy that is not
21 John Ballam, Massachusetts Department of Energy Resources, “Use of an Alternative Energy Standard Portfolio Standard by
Mass for the Support of CHP,” MA Department of Energy
Resources.http://www.energy.ca.gov/2012_energypolicy/documents/2012-02-
16_workshop/presentations/11_Ballam_Mass_DER.pdf.
22 Massachusetts Department of Energy Resources (DOER). “Use of an Alternative Energy Standard Portfolio Standard by Mass
for the Support of CHP.”
23 Mass Save: Savings through Energy Efficiency. “Combined Heat and Power (“CHP”) Program: Guidebook for Submitting CHP
Applications for an Energy Efficiency Incentive in Massachusetts.”November 18, 2010. November 18, 2010.
http://www.masssave.com/business/building-or-equipment-
upgrades/find-incentives/~/media/Files/Business/Applications%20and%20Rebate%20Forms/CHP%20Incentive%20Guidebook%
20-%20dated%2011-18-10.ashx.
Portfolio Standards and the Promotion of Combined Heat and Power 13
used to generate electric power, and is measured accurately in Btus, earns equivalent RECs using a
conversion factor of 3,412 Btu per kW h. Renewable energy and CHP must be installed after January 1,
2007, to be considered eligible.
Utilities may meet their obligations through actual generation of electricity with eligible fuels and
technologies, through the purchase of RECs (each equivalent to 1 MW h) from in-state or out-of-state
renewable energy facilities, or through the implementation of energy-efficiency measures.
The North Carolina Utilities Commission issued final REPS regulations under Order, Docket No. E-100,
Sub 113, on February 28, 2009. This Order can be found at:
http://starw1.ncuc.net/NCUC/ViewFile.aspx?Id=84e6ed39-314a-41b0-bd8a-ac69c4ad0a84.
Ohio is an example of a state that has included different forms of CHP under separate portfolio
standards. In May 2008, Ohio enacted S.B. 221 creating an Alternative Energy Portfolio Standard (AEPS)
that contains “alternative energy resource” requirements for investor-owned utilities, and includes CHP.
S.B. 221 also established a separate energy efficiency portfolio standard (EEPS). However, legislation
passed in 2014, SB 310, significantly weakened both the AEPS and EEPS. Concerning the AEPS, SB 310
froze the renewable targets for two years, removed the in-state requirement for renewable energy
procurement, and pushed back the final renewable benchmark of 12.5% from 2024 to 2026.24 Regarding
the EEPS, SB 310 froze the energy savings requirements for two years, now allows large customers the
option of opting out of the energy savings targets, and expands the types of activities eligible under the
targets.
3.3.3 Treatment of CHP under the AEPS
Under the AEPS, electric utilities must provide 25 percent of the total kWh’s of electricity sold in 2025
from “alternative energy resources.” Both “advanced energy resources” and “renewable energy
resources” qualify under the AEPS. Of the total AEPS requirement of 25 percent, at least half must come
from renewable energy resources and half from advanced energy resources. Renewable energy
resource targets began in 2009 and increase annually, reaching 12.5 percent by the end of 2026.
Legislation passed in 2012 (S.B. 289 and S.B. 315) added certain new technologies to the list of eligible
renewable energy resources; S.B. 289 added CHP using landfill gas/biogas to this definition and S.B. 315
added waste energy recovery systems (WER) which includes waste-heat-to- power. Topping-cycle CHP
systems using eligible renewable fuels qualify as a renewable resource under the original authorization.
Any type of CHP, including fossil fuel-fired systems, qualifies as an “advanced energy resource.”
However, there are no annual compliance targets for advanced energy resources prior to 2025.
Renewable and solar resources are eligible for renewable energy credits (RECs); advanced energy
resources are expected to be eligible for advanced energy credits (AECs) starting in 2025. Eligible
resources must have been placed into service starting January 1, 1998 or after.
3.3.4 Treatment of CHP under the EERS
Ohio’s EEPS targets took effect in 2009, requiring electric distribution utilities to implement energy
efficiency programs that achieve energy savings equivalent to at least 0.3 percent savings from a
baseline that is the average of the total kWh’s sold in the preceding three years. Savings requirements
24 Ohio 129th General Assembly. S.B. 315. http://www.legislature.state.oh.us/bills.cfm?ID=129_SB_315.
Portfolio Standards and the Promotion of Combined Heat and Power 14
start at 1 percent per year in 2009 and have been frozen at 4.2% for the 2015 and 2016 compliance
periods. The final target requires cumulative annual energy savings in excess of 22 percent by the end of
2027. There is also a separate target that began in 2009 which requires electric distribution utilities to
implement peak demand reduction programs designed to achieve a 1 percent reduction in peak demand
in 2009 and an additional 0.075 percent each year through 2018.
Recognizing that the AEPS does not provide incentives for non-renewable CHP until 2025, S.B. 315
passed in 2012 added CHP and waste energy recovery (WER) as qualified efficiency measures under the
EEPS. The legislation specifies that WER systems that receive credit under Ohio’s EEPS do not also
qualify under the AEPS. All types of CHP and waste heat-to-power qualify under the EEPS. Under the
energy savings component of the EEPS, projects must have commenced operation or have been
retrofitted on or after September 10, 2012 to qualify. Topping-cycle CHP systems at state institutions of
higher education may qualify if they were placed into service between January 1, 2002 and December
31, 2004. Ohio legislation requires that CHP systems must be “designed to achieve thermal-efficiency
levels of at least sixty percent, with at least twenty percent of the system's total useful energy in the
form of thermal energy.”
In July 2012, The PUCO opened Docket 12-2156-EL-ORD in order to implement the changes from S.B
315, which include both AEPS and EERS provisions.
Portfolio Standards and the Promotion of Combined Heat and Power 15
Section 4. CHP’s Eligibility in State Portfolio Standards
Table 1 provides a summary of CHP eligibility in state portfolio standards. For each state, the table
indicates if there is an RPS, EERS, or APS in place, and the type of CHP eligible under the standard(s). As
there is no consistent terminology in place to refer to each type of portfolio standard, the table refers to
them by the name assigned by the state. In some states, fossil-fueled topping- cycle CHP (e.g.,
combustion turbine, steam turbine, reciprocating engine-based systems) and bottoming-cycle (i.e., W
HP systems) are explicitly called out as eligible resources under the portfolio standard(s). Some states,
however, include only waste heat to power systems as eligible. Other states do not explicitly identify
CHP as an eligible resource, but CHP systems can qualify as long as they are powered with a qualifying
renewable fuel/technology.
Note: Typical CHP in this table is defined as fossil-fueled topping-cycle CHP. Under this form of CHP, fuel
is combusted in a prime mover, such as a gas turbine or reciprocating engine, to generate electricity.
Energy normally lost in the prime mover’s hot exhaust and cooling systems is instead recovered to
provide useful thermal energy.
Portfolio Standards and the Promotion of Combined Heat and Power 16
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Alaska ▲ RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
Arizona X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Renewably-fueled CHP
specifically called out as an
eligible resource.
• CHP system must have an
operation date on or after
January 1, 1997 to qualify for
credit under the portfolio
standard.
EERS:
• Energy savings from CHP
installations that do not qualify
under the RPS may count
toward the EERS.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Arkansas X EERS:
• May qualify as custom/other
technology, subject to approval.
EERS:
• May qualify as custom/other
technology, subject to approval.
EERS:
• May qualify as custom/other
technology, subject to approval.
California X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Portfolio Standards and the Promotion of Combined Heat and Power 17
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Colorado X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible (defined as “recycled
energy”).
• Systems must have a nameplate
capacity of 15 MW or less and
convert the otherwise lost
energy from the heat from
exhaust stacks or pipes to
electricity and not combust
additional fossil fuel.
EERS:
• May qualify as custom/other
technology, subject to approval.
Connecticut X X RPS/EERS (combined standard):
• Eligible under separate tier as a
Class III Resource
• Must be installed on or after
January 1, 2006, and have a
minimum operating efficiency of
50 percent.
RPS/EERS (combined standard):
• Eligible with qualifying
fuel/technology, and eligible
under separate tier as a Class III
Resource Must be installed on or
after January 1, 2006.
RPS/EERS (combined standard):
• Eligible under separate tier as a
Class III Resource
• Must recover waste heat or
pressure from commercial and
industrial processes, and be
installed on or after April 1, 2007.
Portfolio Standards and the Promotion of Combined Heat and Power 18
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Delaware X X RPS:
• Not eligible.
EERS:
• Eligible.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Eligible.
RPS:
• Not eligible.
EERS:
• Eligible (defined as “recycled
energy”).
• Recycled energy must be from a
modification of an industrial or
commercial system that
commenced operation before
July 29, 2009.
District of Columbia X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
Florida ▲ EERS:
• May be eligible with approval.
EERS:
• May be eligible with approval.
EERS:
• May be eligible with approval.
Portfolio Standards and the Promotion of Combined Heat and Power 19
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Hawaii X X RPS:
• CHP was formerly eligible for
Hawaii’s RPS, but the technology
was moved tothe EERS on
January 1, 2015.
EERS:
• Eligible under the EERS starting
in 2015.
• Implementing rules are under
development.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Eligible under the EERS starting
in 2015.
RPS:
• May be eligible if waste heat is
from CHP; Renewable Electrical
Energy defined as “electric
energy savings brought about by
the use of rejected heat from co-
generation and combined heat
and power systems.”
• Excludes fossil-fueled qualifying
facilities that sell electricity to
electric utility companies and
central station power projects.”
EERS:
• May be eligible under the EERS
starting in 2015.
Portfolio Standards and the Promotion of Combined Heat and Power 20
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Illinois X X RPS:
• Not eligible.
EERS:
• CHP qualifies.
• “Energy efficiency measures also
includes measures that reduce
the total Btus of electricity and
natural gas needed to meet the
end use or uses.”
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• CHP qualifies.
RPS:
• Not eligible.
EERS:
• WHP may be eligible based on
the following definition:
• “Energy efficiency measures also
includes measures that reduce
the total Btus of electricity and
natural gas needed to meet the
end use or uses.”
Indiana ▲ RPS:
• Eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Eligible (defined as “waste heat
recovery from capturing and
reusing the waste heat in
industrial processes for heating
or for generating mechanical or
electrical work”).
Iowa X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Kansas X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
Portfolio Standards and the Promotion of Combined Heat and Power 21
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Maine X X RPS:
• Eligible as a Class II resource
(Efficient Resources).
• Must have been constructed
prior to January 1, 1997, and
have a minimum efficiency of
60%.
• Must be a qualifying
cogeneration facility under the
Public Utility Regulatory Policies
Act of 1978 (PURPA).
EERS:
• Eligible, but only applies to state
facilities.
RPS:
• Eligible as a Class I (new
renewably-fueled) resource if
the system began operation
after September 1, 2005.
EERS:
• Eligible, but only applies to state
facilities..
RPS:
• Eligible.
• Must be a qualifying
cogeneration facility under the
Public Utility Regulatory Policies
Act of 1978 (PURPA).
• Must meet the Class I and II start
dates based on fuel use.
EERS:
• Not eligible.
Maryland X X RPS:
• Not eligible.
EERS:
• CHP qualifies.
• CHP systems typically have to
meet a minimum efficiency of
65%.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• CHP qualifies.
• CHP systems typically have to
meet a minimum efficiency of
65%.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Portfolio Standards and the Promotion of Combined Heat and Power 22
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Massachusetts X X X RPS:
• Not eligible.
EERS:
• Eligible. CHP targets part of
Green Communities Act.
• Must meet an efficiency
threshold > 60 percent.
APS:
• Eligible using natural gas.
• Units must deliver their useful
thermal energy to a load in
Massachusetts.
• Must have a start date after
January 1, 2008.
• Both electric and thermal energy
qualify.
Net CO2 emissions rate can’t
exceed 890 lbs/MWh.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Eligible. CHP targets part of
Green Communities Act.
APS:
• Eligible.
Must have a start date after
January 1, 2008.
RPS:
• Not eligible.
EERS:
• Eligible. CHP targets part of
Green Communities Act.
APS:
• Not explicitly included.
Portfolio Standards and the Promotion of Combined Heat and Power 23
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Michigan X X APS/EERS(combined):
• May be eligible with approval.
APS/EERS (combined):
• Eligible with qualifying
fuel/technology.
• Must have a start date of
October 6, 2008, or later.
APS/EERS (combined):
• Eligible (defined as ‘“Industrial
cogeneration facility” – ‘a facility
that generates electricity using
industrial thermal energy or
industrial waste energy’).
• Must have a start date of
October 6, 2008, or later.
Minnesota X X RPS:
• Not eligible.
EERS:
• CHP is eligible, subject to
approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• CHP is eligible, subject to
approval.
RPS:
• Not eligible.
EERS:
• Eligible (“Waste heat recovery
converted into electricity”).
Missouri X ▲ RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Montana X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
Portfolio Standards and the Promotion of Combined Heat and Power 24
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Nevada X X RPS:
• Not eligible.
EERS:
• Eligible. Energy efficiency
savings can meet up to a quarter
of the RPS in any given year.
• Portfolio Energy Credits are used
for compliance and energy
efficiency gets a credit multiplier
of 1.05 (i.e., # of credits =
number of kWh saved x 1.05).
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Eligible. Energy efficiency
savings can meet up to a quarter
of the RPS in any given year.
• Portfolio Energy Credits are used
for compliance and energy
efficiency gets a credit multiplier
of 1.05 (i.e., # of credits =
number of kWh saved x 1.05).
RPS:
• Eligible.
• Must have nameplate capacity of
15 MW or less and startup date
on/after January 1, 2005.
EERS:
• Eligible. Energy efficiency savings
can meet up to a quarter of the
RPS in any given year.
• Portfolio Energy Credits are used
for compliance and energy
efficiency gets a credit multiplier
of 1.05 (i.e., # of credits =
number of kWh saved x 1.05).
New Hampshire X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• “Useful thermal energy,” defined
as renewable energy delivered
from Class I sources that can be
metered and for which fuel or
electricity would otherwise be
consumed is eligible.
Portfolio Standards and the Promotion of Combined Heat and Power 25
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
• “Useful thermal energy,” is
credited, defined as renewable
energy delivered from Class I
sources that can be metered and
for which fuel or electricity
would otherwise be consumed.
• Thermal energy that is not used
to generate electric power earns
equivalent RECs based on the
end- use energy value of
electricity – 3.412 MMBtus of
useful thermal energy is
equivalent to one megawatt-
hour.
• Systems must have begun
operation after January 1, 2006.
New Jersey X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
New Mexico X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Portfolio Standards and the Promotion of Combined Heat and Power 26
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
New York X RPS:
• Digester-gas-fired CHP and fuel
cells using any fuel type are
eligible under the Customer
Sited Tier (CST).
• Must be greater than 50 kW.
• New York is transitioning away
from the RPS towards the Clean
Energy Fund – new projects will
not eligible for RPS funding.
EERS:
• New York’s EERS expired in
2015, and is being replaced by
the Clean Energy Fund, a public
benefits fund
RPS:
• Eligible under CST and under the
main tier with any qualifying
fuel/technology.
• Must be greater than 50 kW.
• New York is transitioning away
from the RPS towards the Clean
Energy Fund – new projects will
not eligible for RPS funding.
EERS:
• New York’s EERS expired in
2015, and is being replaced by
the Clean Energy Fund, a public
benefits fund
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Portfolio Standards and the Promotion of Combined Heat and Power 27
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
North Carolina X X RPS/EERS (combined standard):
• Eligible.
• Up to 25% of the requirement
may be met through energy
efficiency technologies,
including CHP systems powered
by non- renewable fuels.
• After 2018, up to 40% of the
standard may be met through
energy efficiency, including CHP.
• Thermal energy that is not used
to generate electric power earns
equivalent RECs based on the
end- use energy value of
electricity of 3,412 Btu per kWh.
1 REC = 1 MWh.
• 1 MWh of electricity avoided
through efficiency measure = 1
REC.
• Must be installed on/after
January 1, 2007.
RPS/EERS (combined standard):
• Eligible with qualifying
fuel/technology.
• Up to 25% of the requirement
may be met through energy
efficiency technologies,
including CHP.
• After 2018, up to 40% of the
standard may be met through
energy efficiency, including CHP.
• Thermal energy that is not used
to generate electric power earns
equivalent RECs based on the
end- use energy value of
electricity of 3,412 Btu per kWh.
1 REC = 1 MWh.
• 1 MWh of electricity avoided
through efficiency measure = 1
REC.
• Must be installed on/after
January 1, 2007.
RPS/EERS (combined standard):
• Eligible.
• Up to 25% of the requirement
may be met through energy
efficiency technologies, including
CHP systems powered by non-
renewable fuels.
• After 2018, up to 40% of the
standard may be met through
energy efficiency, including CHP.
• Must be installed on/after
January 1, 2007.
North Dakota ▲ RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Eligible (defined as “recycled
energy”). (The term "recycled energy system" does not include waste heat captured from any system designed primarily to generate electricity.)
Portfolio Standards and the Promotion of Combined Heat and Power 28
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Ohio X/▲a
X EERS:
• Eligible.
• Must be installed or retrofitted
on/after September 10, 2012.
• Must have efficiency of > 60
percent.
• Must have > 20 percent of
system output in the form of
useful thermal energy.
APS/RPS:
• Eligible as an “advanced energy
resource” but compliance with
targets does not have to be
demonstrated until 2025.
• Must have efficiency of at least
60%.
• At least 20% of system output
must be in the form of useful
thermal energy.
EERS:
• Eligible.
• Must be installed or retrofitted
on/after September 10, 2012.
APS/RPS:
• Eligible with qualifying
fuel/technology.
• Systems must have been placed
into service on or after January
1, 1998.
EERS:
• Eligible (defined as “waste
energy recovery”) - can only
qualify under one standard).
• Must be installed or retrofitted
on/after September 10, 2012.
APS/RPS:
• Eligible (defined as “waste
energy recovery”) - can only
qualify under one standard).
• Must be installed or retrofitted
on/after September 10, 2012.
a S.B. 310 passed in 2014 now allows for large customers an option of opting out of the energy efficiency requirements.
Portfolio Standards and the Promotion of Combined Heat and Power 29
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Oklahoma ▲ ▲ RPS/EERS (combined):
• Not eligible.
RPS/EERS (combined):
• Eligible with qualifying
fuel/technology.
• DG systems using renewable
fuels are limited to < 5 MW.
RPS/EERS (combined):
• Eligible.
• Up to 25% of the renewable
energy goal can be met with
demand side management (DSM)
and energy efficiency.
• WHP qualifies as a DSM measure.
DSM includes industrial by-
product technologies consisting
of the use of a by-product from
an industrial process, including
the reuse of energy from exhaust
gases or other manufacturing by-
products that are used in the
direct production of electricity at
the facility of a customer.
Oregon X RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
Pennsylvania X X EERS:
• May qualify as custom/other
technology, subject to approval.
APS:
• Eligible.
• Tier II resources include new and
existing demand- side
management and DG systems,
including CHP.
EERS:
• May qualify as custom/other
technology, subject to approval.
APS:
• Eligible.
• CHP with eligible
fuel/technology counts as Tier I
resource.
EERS:
• May qualify as custom/other
technology, subject to approval.
APS:
• Eligible.
• Tier II resources include new and
existing demand-side
management and DG systems,
including waste heat to power.
Portfolio Standards and the Promotion of Combined Heat and Power 30
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Rhode Island X X RPS:
• Not eligible.
EERS:
• Eligible.
• Utilities must establish energy
efficiency procurement plans
which include target
percentages for CHP.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Eligible.
• Utilities must establish energy
efficiency procurement plans
which include target
percentages for CHP.
RPS:
• Not eligible.
EERS:
• Eligible.
• Utilities must establish energy
efficiency procurement plans
which include target percentages
for CHP.
South Carolina ▲ RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Not eligible.
South Dakota ▲ RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Eligible (defined as “recycled
energy”).
Texas X X RPS:
• Not eligible.
EERS:
• CHP systems up to 10 MW in
size are eligible.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• CHP systems up to 10 MW in
size are eligible.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Utah ▲ RPS:
• Not eligible.
RPS:
• Eligible with qualifying
fuel/technology.
RPS:
• Eligible (defined as “waste gas or
waste heat capture or recovery
system”).
Portfolio Standards and the Promotion of Combined Heat and Power 31
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Vermont X X RPS:
• Not Eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
• Eligible as a “conservation
measure” under energy
efficiency targets.
• Thermal output must be at least
33% of total energy output, and
system must be in place on/after
March 31, 1999.
RPS
• Eligible with qualifying
fuel/technology.
• Systems must have come into
service after December 31,
2004.
EERS:
• May qualify as custom/other
technology, subject to approval.
• Eligible with qualifying
fuel/technology.
• DG with output of 5 MW or less
may be counted as double the
facility's electrical output under
certain conditions.
RPS:
• Not explicitly included.
EERS:
• May qualify as custom/other
technology, subject to approval.
• Eligible as a “conservation
measure” under energy
efficiency targets.
Washington X X RPS:
• Not eligible.
EERS:
• Highly efficient CHP systems –
that is, systems with a useful
thermal energy output of no less
than 33% of the total energy
output – count towards a
utility’s conservation target.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• Highly efficient CHP systems –
that is, systems with a useful
thermal energy output of no less
than 33% of the total energy
output – count towards a
utility’s conservation target.
RPS:
• Not eligible.
EERS:
• May be eligible, subject to
approval.
Portfolio Standards and the Promotion of Combined Heat and Power 32
Table 1. Summary of CHP Eligibility
Key:
X – Mandatory Standard
▲ – Voluntary Standard or Goal
State
Portfolio Standard CHP Eligibility
RPS EERS APS Typical CHP Renewably-Fueled Waste Heat to Power
Wisconsin X X RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Eligible with qualifying
fuel/technology.
EERS:
• May qualify as custom/other
technology, subject to approval.
RPS:
• Not eligible.
EERS:
• May qualify as custom/other
technology, subject to approval.
Portfolio Standards and the Promotion of Combined Heat and Power 33
Section 5. Additional Resources
1. American Council for an Energy-Efficient Economy (ACEEE). “Energy Efficiency Resource
Standards (EERS).” www.aceee.org/topics/eers.
2. Barbose, Galen, Charles Goldman, and Jeff Schlegel. “The Shifting Landscape of Ratepayer-
Funded Energy Efficiency in the U.S.” October 2009. Lawrence Berkeley National Laboratory.
http://energy.gov/oe/downloads/shifting-landscape-ratepayer-funded-energy-efficiency-us.
3. Brown, Mathew. “Brief #9, “The Energy Efficiency Resource Standard: Observations on an
Emerging State Policy.” Alliance to Save Energy.
4. Center for Climate and Energy Solutions (C2ES). Energy Efficiency Standards and Targets.
www.c2es.org/us-states-regions/policy-maps/energy-efficiency-standards.
5. Center for Climate and Energy Solutions (C2ES). Renewable & Alternative Energy Portfolio
Standards. http://www.c2es.org/us-states-regions/policy-maps/renewable-energy-standards.
6. Clean Energy States Alliance. www.cleanenergystates.org/resource-library/.
7. Database of State Incentives for Renewables & Efficiency (DSIRE). www.dsireusa.org/.
8. Elliott, R. Neal, et al. “CHP Savings and Avoided Emissions in Portfolio Standards.” 2009
American Council for an Energy-Efficient Economy (ACEEE) Summer Study on Energy Efficiency
in Industry. www.aceee.org/proceedings-paper/ss09/panel04/paper11.
9. Heeter, Jenny and Lori Bird. “Including Alternative Resources in State Renewable Portfolio
Standards: Current Design and Implementation Experience.” November 2012. National
Renewable Energy Laboratory (NREL). www.nrel.gov/docs/fy13osti/55979.pdf.
10. Kolwey, Neil. “Calculating Net Electricity Savings from Utility-Supported CHP Projects.” August
2012. Southwest Energy Efficiency Project.
http://swenergy.org/publications/documents/CHP%20Electricity%20Savings%20for%20Utilities
%20-%20August%202012.pdf.
11. Nadel, Steve. “Energy Efficiency Resource Standards: Experience and Recommendations.” March
2006. ACEEE Report E063.
http://www.dnrec.delaware.gov/energy/information/Documents/EERS/EERS%20Experience%20
and%20Recommendations.pdf.
12. Sciortino, Michael, et al. “Energy Efficiency Resource Standards: A Progress Report on State
Experience.” June 2011. American Council for an Energy-Efficient Economy (ACEEE).
www.aceee.org/sites/default/files/publications/researchreports/u112.pdf.
13. Galen, Barbose. “Renewable Portfolio Standards in the United States: A Status Update.”
September 2014. Lawrence Berkeley National Laboratory.
http://emp.lbl.gov/sites/all/files/2014%20RPS%20Summit_Barbose.pdf